Patna High Court
Bechan SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted anticipatory bail to petitioners 3 to 9 subject to a Rs 10,000 bond and conditions, while dismissing the applications of petitioners 1 and 2 as withdrawn.
Summary
The petitioners, a group of nine relatives from Pihwara village, sought anticipatory bail fearing arrest in connection with Saharghat Police Station Case No. 140 of 2023, which alleged offences under several IPC sections including assault, robbery and attempt to murder. The prosecution alleged that the petitioners, armed with iron rods and other weapons, assaulted the informant’s father and other family members and cut trees on the informant’s land. The petitioners contended that they were falsely implicated, that the allegations were vague, and that the case was a retaliatory filing stemming from an earlier land‑dispute case and a counter‑case lodged by the wife of petitioner No. 4. They also highlighted a 21‑day delay in filing the FIR and asserted clean antecedents. The petitioners withdrew the anticipatory bail applications of petitioners No. 1 and No. 2, and the Court allowed that withdrawal. For petitioners No. 3 to No. 9, the Court, finding the allegations non‑specific and suspecting false implication, ordered that they be released on bail upon furnishing a Rs 10,000 bond with two sureties and complying with conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the nature and specificity of the allegations.
- Whether the delay in filing the FIR and the background of a land‑dispute indicate false implication warranting bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 354B, 379, 504, 506
Subjects
- anticipatory bail
- false implication
- land dispute
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- non‑specific allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30304 of 2026
Arising Out of PS. Case No.-140 Year-2023 Thana- SAHARGHAT District- Madhubani
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1. Bechan Sah S/o Shivnandan Sah @ Shivan Sah R/o Village- Pihwara, Uttra
P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
2. Rajendra Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village- Pihwara,
Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
3. Mahendra Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village-
Pihwara, Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
4. Ram Prasad Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village-
Pihwara, Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
5. Anil Sah S/o Bechan Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
District - Madhubani, Bihar, Pin - 847308
6. Sushil Sah S/o Bechan Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
District - Madhubani, Bihar, Pin - 847308
7. Abhay Sah S/o Ram Prasad Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
District - Madhubani, Bihar, Pin - 847308
8. Arun Sah S/o Rajendra Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
District - Madhubani, Bihar, Pin - 847308
9. Pankaj Sah S/o Mahendra Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
District - Madhubani, Bihar, Pin - 847308
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Kumaresh Singh, Advocate
For the State : Mr. (Dr.) Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. After some arguments, learned counsel for the
petitioners seek permission to withdraw the anticipatory bail
application with respect to petitioner nos. 1 and 2, namely
Bechan Sah and Rajendra Sah.
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3. Permission, as prayed for, is accorded.
4. Accordingly, the anticipatory bail application
with respect to petitioner nos. 1 and 2, namely Bechan Sah and
Rajendra Sah is dismissed as withdrawn. Now this anticipatory
bail application survives only for petitioner nos. 3 to 9.
5. In the present case, the petitioners are
apprehending their arrest in connection with Saharghat P.S. Case
No. 140 of 2023, dated 22.10.2023, registered for the offences
punishable under Sections 341, 323, 324, 325, 354B, 307, 379,
504 and 506 read with Section 34 of the Indian Penal Code.
6. As per prosecution case, the petitioners armed
with iron-rod, khanti and danda etc., assaulted the father of the
informant and also assaulted other family members of the
informant and neighbour of the informant. The co-accused
persons also cut some trees from the land of the informant.
7. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The allegations levelled against the petitioners are
general and omnibus without any overt act attributed against
any of the petitioners. The present case is the counter blast of
Saharghat P.S. Case No. 132 of 2023, registered under Sections
341, 323, 324, 307, 379, 354B, 504 and 506 read with Section
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34 of the Indian Penal Code, lodged by the wife of the petitioner
no. 4, namely Ram Prasad Sah, for the occurrence which took
place on 30.09.2023 and in order to create defence, the
informant has instituted the present case after a delay of 21 days
without any satisfactory explanation. A number of persons from
the petitioners’ side have also received injuries in the hands of
persons of the informant’s side and the injuries are unexplained.
The occurrence took place in the background of land dispute
and a Land Dispute Resolution Case Partition No. 01 of 2018-
19 was filed by the petitioners and towards order in the said
case, the lands of the petitioners’ and informant’s side were
demarcated and the petitioner’s side put a pillar in the said land
which was not liked by the other side, who attacked the
petitioners and beat them and thereafter, filed this false case as
an afterthought only to punish the petitioners. Learned counsel
further submits that petitioners are illiterate persons and daily
wage earners who work outside the State of Bihar. Their
pairvikar did not inform about the order dated 18.12.2023 and
when they came to know about the apprehension on coming to
their native village, they again filed an anticipatory bail
application vide A.B.P. No. 442 of 2026 before the learned
Sessions Court which was rejected. Learned counsel again
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reiterates that there is no explanation as to why there was delay
in filing of the FIR by the informant. Learned counsel lastly
submits that petitioners are having clean antecedents.
8. Learned APP opposes the submissions made on
behalf of the petitioners.
9. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non specific and non-serious nature of allegation against the
petitioners and further considering the possibility of false
implication in the background of earlier lodged case of the
petitioners, let the petitioners, above-named, in the event of their
arrest or surrender before the Court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Madhubani, in connection
with Saharghat P.S. Case No. 140 of 2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
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every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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